Individual Health Insurance

Individual Health Insurance

Health Insurance In Idaho

without comments

health insurance in idaho
So people are now free to NOT buy Health Insurance. Your thoughts?

http://www.kspr.com/news/local/Prop-C-Update-830-PM-99906724.html

http://themostimportantnews.com/archives/idaho-and-virginia-say-no-to-obamacare

If you live in Missouri, Idaho, and maybe Virginia…………you will NOT be fined for failure to buy Health Insurance.

Going without health insurance, at least in those 3 states,
is perfectly legal!

and perhaps more states are to follow in their path.

The federal mandate doesn’t take effect until 2014.
Imagine how many states will have opted out by then.

heck, the Supreme Court might even strike it down all together before 2014.

The following is not pro-or-anti the healthcare bill. But to clarify:

Some states are passing laws which state, in effect, that the national healthcare laws will not apply to their residents. This is not an opt-out, which is not provided for by law. Instead, it is a precurser to a court battle (already in works) which questions whether the federal government has the right to mandate the purchase of insurance (or any goods and services) from the private sector. The federal government will argue that the commerce clause provides that right, the states argue that there is no such right.

If the government, itself, were to administer the healthcare plan and, for premiums, charge a tax, there is no question that this would be legal. (See, e.g., Medicare, medicaid taxes and coverage). However, since the government has instead decided to mandate that you purcahse insurance on the open market (or in an exchange) or have it through work, it is mandating the purchase of a good or service.

Still, the law does not permit a state to opt-out. In an earlier version, Nebraska had such an exemption, but that was removed.

(Again, the issue in the question was thoughts about states opting out,not whether the healthcare plan is good, or whether the court should strike down the law).

Thus, the opt-out is merely a public-relations mechanism for the states. While the poster thinks you will not be fined for failure to Buy Health Insurance, this is not the case. The civil penalties,which are imposed by the federal government, still exist for all states. (Idaho, etc., will not fine you, but they would not have done so in the first instance. This is a federal, not state, program with federal, not state, enforcement).

The only thing concrete this has done is show that the people in that state, and the governments, have specifically enacted legislation making it illegal in that state to mandate the purchase of health insurance. But, since the state cannot tell the federal government what to do, this is a meaningless exercise.

Were I to guess, the Supreme Court will likely strike down the federal legislation as being unconstitutional. The Constitution is somewhat unique as it defines those areas where the federal government may pass laws, and if it is not covered, you cannot have the law. Even laws that would be good policy cannot be passed unless the constitution allows the federal government the right to make such laws.

I do not think that the constitution permits congress to require a citizen to purchase any good or service (even if it would be good public policy to have such coverage).

As I said, the interesting twist is that I suspect that the government COULD have simply passed a law providing for a tax (premium) covering all people. They COULD have giiven the user the right to select their insurerr, paid by tax dollars. This is because a federal service that is available to law (here, healthcare) would certainly have been legal (regardless of whether it is good or bad), and the government has the right to tax. So … in this case, form over substance could be the difference between constitutional and unconstitutional.

Video – Lower Your Family Health Insurance Rate Idaho!

Did you like this? Share it:
  • About Us
  • Disclosure/Disclaimer
  • Privacy Policy
  • Terms of Use
  • Contact Us
  • Individual Health Insurance
  • 2013
  • 2012
  • 2011
  • Copy Protected by Chetan's WP-Copyprotect.